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‘Serious Concerns’ About a Conflict Aren’t Enough to Disqualify a Trustee’s Counsel
A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.
There’s Reciprocal Fee-Shifting in California When a Contract Has Unilateral Fee-Shifting
In California, bringing litigation with a marginal possibility of success could be a bad bet whenever a contract permits one side to recover attorneys’ fees.
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Supreme Court Update
Financing the Case: Recent Developments in DIP and Exit Financing
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Second Circuit Updates with Bill Rochelle
How to Liquidate a Secured Lender’s Collateral and Still Get Paid
To liquidate an underwater lender’s collateral, there must be a carveout giving unsecured creditors a ‘meaningful distribution.’
Court:
No Circuit Split: 4 Circuits Say No ‘13’ Trustee Fees if Dismissal Precedes Confirmation
Although lower courts have disagreed, the Second Circuit joined three other circuits in holding that a standing trustee may not retain the percentage fee when chapter 13 cases are dismissed before confirmation. Consequently, ‘13’ debtors with confirmed plans pay standing trustees’ fees.
Court: